Abygail Putri Ardhana, . (2024) HAK MEWARIS TERHADAP ANAK YANG LAHIR DARI PERKAWINAN BEDA AGAMA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In Law Number 1 of 1974 concerning Marriage, Article 2 paragraph (1) states that "Marriage is valid if it is carried out according to the laws of each religion and belief." Interfaith marriages can give rise to legal problems, namely inheritance rights and the legal status of children born. Religious differences are seen as one of the factors that prevent a person from inheriting from their parents. The formulation of the problem in this research is: What is the legal status and position of children born from interfaith marriages; and What are the inheritance rights for children born from interfaith marriages. This research uses a normative juridical method, the approaches used are a statutory approach and a conceptual approach. In the circular letter of the chairman of the supreme court number 2 of 2023, marriages between different religions cannot be registered and the result is that the marriage is not a valid marriage in the eyes of religious and state law, so that the child becomes an illegitimate child, because he was not born in a valid marriage. The similarity between Islamic inheritance law and Civil Code inheritance is that those who have the right to receive an inheritance are related by blood, but there is a difference, namely Islamic Inheritance Law, heirs of different religions cannot get the right to inherit because religious differences are hindered, whereas according to Civil Code Law, religious differences are not a barrier. Religious differences cause inheritance disputes, basically non-Muslims are not entitled to inheritance rights in any form from Muslim heirs, but through MUI Fatwa No.5/MUNASVII/MUI/9/2005 provides an alternative in resolving inheritance problems between religions that non-Muslim relatives can receive inheritance rights based on wills, grants and gifts.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No.Panggil : 1910611004] [Pembimbing ; Siti Nurul Intan Sari Dalimunthe] [Penguji 1 : Iwan Erar Joesoef] [Penguji 2 : Taupiqqurrahman] |
| Uncontrolled Keywords: | Interfaith Marriage, Children and Inheritance Rights. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Abygail Putri Ardhana |
| Date Deposited: | 13 Mar 2024 02:28 |
| Last Modified: | 13 Mar 2024 02:28 |
| URI: | http://repository.upnvj.ac.id/id/eprint/29671 |
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